Lugari MP Ayub Savula and Lurambi’s Titus Khamala have broken ranks with ODM and said they will be sworn in.
Last week ODM chairman John Mbadi and Suna East MP Junet Mohamed said NASA MPs would skip the swearing in.
But Khamala said the declaration is for ODM members only.
“I am not answerable to Junet and Mbadi, but Musalia] Mudavadi. As ANC we’re Mudavadi’s army and we cannot do so when we are not sworn into office as MPs,” Khamala said at Shibuli market yesterday.
Savula said he will be sworn in but will not participate in electing the speaker and deputy speaker.
ANC MPs and senators-elect are set to meet their party leader today to decide on a course of action.
If NASA MPs agree to be sworn in but snub the election of the speaker, they will paralyse Parliament proceedings.
Jubilee alone cannot raise the two-thirds majority required to elect a speaker, despite enjoying numerical advantage in both Houses.
Jubilee has a combined majority of 177 MPs over NASA’s 123. However, 233 MPs must vote for a speaker to be validly elected in law. In the Senate, Jubilee has 36 legislators, while NASA has 31.
Won’t elect speaker
Savula said ODM legislators are insincere in calling for NASA MPs to boycott the swearing- in ceremony.
“All NASA governors were sworn in. Why should MPs not take the oath of office yet they won the elections fairly?” he said.
Savula said an MP-elect who misses being sworn in without a valid reason and misses seven sittings is presumed to have lost the seat and the constituency will be subjected to a by-election.
But ANC’s approach would circumvent this if effectively implemented as Parliament cannot operate without a speaker.
Governors sworn in
Savula said the dispute before the Supreme Court is about the presidential election and not MPs’.
MPs will be sworn in tomorrow, despite a case in court challenging the constitutionality of the 12th Parliament, which does not meet the two-thirds gender parity.
The High Court declined to block the swearing-in of the 12th Parliament.
NASA co-principal Moses Wetang’ula, Mudavadi and Kalonzo Musyoka on Friday addressed a press conference and said President Uhuru Kenyatta’s recall of Parliament was in bad faith.
They said it was meant to weigh down NASA presidential candidate Raila Odinga’s case at the Supreme Court.
Wetang’ula said Uhuru was wrong to convene the first sitting of Parliament before the petition challenging the validity of his reelection is concluded by the Supreme Court.